Delhi HC backs Govt on Wangchuk shift
The Delhi High Court on Sunday held that the Union Government’s decision to move Sonam Wangchuk from Jantar Mantar to a Government hospital was not arbitrary, while refusing to intervene in the treatment of the activist at the Safdarjung Hospital. The court was responding to a petition from Wangchuk’s wife, Gitanjali J Angmo, seeking permission to move him to a private hospital.
Noting the HC’s July 16 order instructing authorities to monitor Wangchuk’s health and provide medical intervention if necessary, the court observed that since Wangchuk had not voluntarily admitted himself to any hospital, the Government was “within its right” to transfer him to Safdarjung Hospital due to his medical condition.
Angmo, present in court, expressed a loss of trust in Safdarjung Hospital and stated her preference to transfer Wangchuk to a facility where he would be more comfortable. In her petition, Angmo stated that despite repeated requests, the Safdarjung authorities disclosed only selective information to her and did not allow Wangchuk’s transfer, thereby preventing independent verification of his condition. It was achieved clandestinely, despite Wangchuk’s vital parameters being stable at the time of his removal from the protest site.
Justice Mini Pushkarna, during a special hearing on Sunday, noted that doctors at Safdarjung Hospital were monitoring Wangchuk and that no force was being used against him. “Since the Government has decided to shift Mr Sonam Wangchuk to a hospital on account of his medical condition, this court does not find the same to be an arbitrary action. Since the doctors at Safdarjung hospital are closely monitoring the health of Mr Sonam Wangchuk and have only administered oral fluids, potassium chloride and oral ORS without sugar with his consent, it cannot be said that any force is being used or that his bodily autonomy is being violated in any manner,” the court stated. “No interim orders are required to be passed by the court at the present stage,” the court added.
Additional Solicitor General (ASG) Chetan Sharma argued the Government was duty-bound to admit Wangchuk to a hospital due to his critical condition requesting the court to direct Wangchuk to cooperate with the doctors. “Needless to state that Mr Sonam Wangchuk will cooperate with the doctors in administering whatever medical intervention if necessary, in the circumstances, if he so chooses,” the court responded.
Justice Pushkarna said Wangchuk’s wife, brother, and brother-in-law have been given continuous access to him at the hospital including being given a room.
Senior advocate Kapil Sibal, representing the petitioner, stated that they sought Wangchuk’s transfer to Medanta Hospital, with the inclusion of Safdarjung doctors as part of the medical team there. He asserted that no order could force Wangchuk to accept treatment and noted that the July 16 order was issued ex parte. Wangchuk was not in detention and remained a free citizen. Sibal questioned whether an individual could be denied admission to a hospital of their choice. He also objected to the presence of police personnel near Wangchuk’s room.
Doctors from Safdarjung Hospital and AIIMS briefed the court on Wangchuk’s medical condition. The court issued notices to the Government, Safdarjung Hospital and the Delhi Police on Angmo’s petition and asked them to respond within three days. The next hearing is scheduled for July 24.
Fast Hinges on Political Promise
New Delhi: Sonam Wangchuk will end his hunger strike if political leaders meet him at Safdarjung Hospital and assure him that education accountability will be taken up during the Monsoon Session of Parliament beginning Monday, his wife Gitanjali J Angmo said on Sunday. Addressing protesters at Jantar Mantar, Angmo said Wangchuk would continue his fast unless Parliament committed to discussing the issue.
